Reed v. Inhabitants of Acton
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in West Acton. Plea, nul disseisin, with a specification of defence that the land was taken for a school-house in accordance with law. After the former decision, reported 117 Mass. 384, the case was tried m the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions in substance as follows : The demandant proved his title to the demanded premises, prior to the proceedings of the town, and rested.
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Writ of entry to recover a parcel of land in West Acton. Plea, nul disseisin, with a specification of defence that the land was taken for a school-house in accordance with law. After the former decision, reported 117 Mass. 384, the case was tried m the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions in substance as follows : The demandant proved his title to the demanded premises, prior to the proceedings of the town, and rested. The tenant then put in the record of certain proceedings of the town, as to the regularity and sufficiency of which no question…
1Opinion of the CourtAmes, J.
The only question raised by this bill of exceptions is whether the report and location were filed in the office of the town clerk in the manner required by Gen. Sts. c. 43, § 65. The clerk’s office may be his dwelling house, and undoubtedly is so in many of the towns in the Commonwealth. A document may properly be said to be filed with a town clerk when it is placed in his official custody, and is deposited in the place where his *132ofiv ,al records and papers are usually kept. There is nothing in th*' statute requiring his constant attendance, and if the paper i« this case was in his custody,…
2Cited by16 opinions
- Hobart-Farrell Plumbing & Heating Co. v. KlaymanMassachusetts Supreme Judicial Court · 1939
- Albany Builders' Supply Co. v. Eastern Bridge & Structural Co.New York Court of Appeals · 1923
- Inhabitants of Westhampton v. SearleMassachusetts Supreme Judicial Court · 1879
- Clemens Electrical Manufacturing Co. v. WaltonMassachusetts Supreme Judicial Court · 1897
- Hilts v. HiltsOregon Supreme Court · 1903
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